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Redistricting Cases Summary

Redistricting Cases Summary

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Published by Aman Batheja
Report submitted to Federal Court on June 29, 2011 by state of Texas outlining pending redistricting cases.
Report submitted to Federal Court on June 29, 2011 by state of Texas outlining pending redistricting cases.

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Published by: Aman Batheja on Jul 05, 2011
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07/05/2011

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASSHERMAN DIVISION
KAAREN TEUBER, et al., §§
 
Plaintiffs
, §§
CIVIL ACTION NO.
 v. § 11-CV-00059 RAS§STATE OF TEXAS, et al., §§
 Defendants
. §
NOTICE OF COLLATERAL PROCEEDINGS
TO THE HONORABLE JUDGE OF SAID COURT:Defendants the State of Texas, Rick Perry, David Dewhurst, Joe Straus, and HopeAndrade, pursuant to Local Rule CV-42(a), respectfully submit this Notice of CollateralProceedings identifying and describing all pending Texas redistricting cases.
A.
 
REDISTRICTING CASES PENDING IN FEDERAL COURT1.
 
Teuber, et al. v. Texas, et al.
, Cause No. 4:11-cv-59 (E.D. Tex., filed Feb. 10, 2011).
This case includes a challenge to the use of unadjusted census data for redistricting, aconstitutional and Voting Rights Act challenge to the recently enacted redistricting plans for theTexas House and Senate, and a congressional redistricting claim seeking a court-orderedredistricting plan. The plaintiffs are Kaaren Teuber, a registered voter in Grayson County; andJim K. Burg and Ricky L. Grunden, both registered voters in Denton County. The defendantsare the State of Texas, Governor Rick Perry, Lieutenant Governor David Dewhurst, Texas HouseSpeaker Joe Straus, Texas Secretary of State Hope Andrade, Texas Democratic Party Chair BoydRichie, Texas Republican Party Chair Steve Munisteri, U.S. Secretary of Commerce GaryLocke, and U.S. Census Bureau Director Robert Groves. Intervenor is Mexican AmericanLegislative Caucus.
Case 4:11-cv-00059-RAS Document 48 Filed 06/29/11 Page 1 of 14
 
2
The plaintiffs claim that the use of unadjusted Census for reapportionment andredistricting violates the Fourteenth and Fifteenth Amendments, Section 2 of the Voting RightsAct, and the Texas Constitution. Their central allegation is that the inclusion of undocumentedimmigrants in the Census population unlawfully strengthens the votes of persons who reside inelectoral districts with large undocumented immigrant populations.In their First Amended Complaint, the plaintiffs seek declaratory and injunctive relief against the use of existing electoral districts; a declaratory judgment that redistricting based onunadjusted census data violates federal law; injunctive relief against the use of unadjusted censuspopulation data to draw new congressional, House, Senate, and State Board of Educationdistricts; and a judgment ordering the state or federal defendants to adjust the 2010 censuspopulation data. In their First Supplemental Complaint, the plaintiffs allege that the redistrictingplans for the Texas House and Senate violate the U.S. Constitution and Sections 2 and 5 of theVoting Rights Act because they are based on defective population data. They also allege that theTexas Legislature adjourned its regular session without enacting a congressional redistrictingplan, and the existing districts violate the U.S. Constitution and Sections 2 and 5 of the VotingRights Act.The plaintiffs have served all defendants except Steve Munisteri, Gary Locke, and RobertGroves. Mexican American Legislative Caucus’s motion to intervene was granted on March 29,2011. The State Defendants and Boyd Richie filed separate motions to dismiss for lack of subject matter jurisdiction and failure to state a claim. On June 16, 2011, Defendants Locke andGroves filed a motion to dismiss pursuant to Rule 12(b)(5). On June 22, 2011, the court grantedPlaintiffs’ motions for leave to amend and supplement their complaint and denied the StateDefendants and Mr. Richie’s motions to dismiss as moot.
Case 4:11-cv-00059-RAS Document 48 Filed 06/29/11 Page 2 of 14
 
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Counsel for the State Defendants, Mr. Richie, the Federal Defendants, and MALCappeared for a status conference on June 23, 2011 to discuss other pending redistricting cases,the need to convene a three-judge court under 28 U.S.C. § 2284, and the proposed schedulingorder. Plaintiffs’ counsel stated that the plaintiffs intended to dismiss their claims againstDefendants Locke, Groves, and Munisteri. On June 24, 2011, the court entered a schedulingorder setting the case for final pretrial conference on December 5, 2011.
2.
 
 Mexican American Legislative Caucus v. Texas, et al.
, Cause No. 7:11-cv-144 (S.D.Tex., filed April 5, 2011).
Plaintiff is MALC. Defendants are the State of Texas, Governor Rick Perry, LieutenantGovernor David Dewhurst, and Texas House Speaker Joe Straus.The plaintiff filed its original petition on April 5, 2011 in the 139th District Court of Hidalgo County. The case was removed to the United States District Court for the SouthernDistrict of Texas, McAllen Division, on May 13, 2011.MALC alleges that the 2010 Census data is defective because the Census undercountedLatinos in Texas by as much as four to eight percent. It complains that the use of Census data todraw congressional, Texas House, Texas Senate, and State Board of Education districtsdiscriminates against Latino voters by undervaluing Latinos and limiting the number of Latino-majority electoral districts. MALC also alleges that the existing congressional, House, Senate,and SBOE districts violated the one-person, one-vote principle.MALC seeks the following relief: (1) a declaratory judgment that the defendants areviolating the “Plaintiffs’ fundamental voting rights” under the Texas Constitution; (2) aninjunction against the use of any redistricting plan that does not “account for the undercount of Latinos”; and (3) an order directing the defendants to conduct a special election under a court-
Case 4:11-cv-00059-RAS Document 48 Filed 06/29/11 Page 3 of 14

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